Hopkins et al v. Owens-Illinois, Inc. et al

Filing 140

MEMORANDUM regarding Court's assistance in requiring KCPL to produce corporate representatives for deposition. Signed on 12/08/15 by District Judge Howard F. Sachs. (Duer, Tina)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
Terry and Patricia Hopkins,
Plaintiffs,
v.
Owens-Illinois, Inc., et. al.,

Defendants.

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Case No. 14-01091-CV-W-HFS

MEMORANDUM

In an order dated November 29, 2015, this Court entered an order denying a
motion to quash a Plaintiff’s Non Party Subpoenas for Inspection and Deposition because
the plaintiff had served a notice of deposition and not a subpoena. (Doc. 137).
Plaintiff’s counsel has recently sent an email to the Court and all parties clarifying
that subpoenas were served although the subpoenas were not part of the record before the
Court. Nevertheless, the question of the ability of this Court to quash the subpoenas is of
little consequence as plaintiff’s counsel states that a significant portion of the information
sought by the subpoenas has been obtained - KCPL has produced a number of documents
requested and the plant for inspection. Counsel, however, informally requests the Court’s
assistance in requiring KCPL to produce corporate representatives for deposition.
It is the practice of this Court to permit the parties to informally resolve discovery
disputes before court involvement. The same practice applies to non-parties such as
KCPL. There is no pending motion before the Court and it appears that plaintiff and
KCPL have been successful in resolving these issues informally, and the Court has every

expectation that the two can do the same with respect to the deposition of corporate
representatives.

/s/ Howard F. Sachs
HOWARD F. SACHS
UNITED STATES DISTRICT JUDGE

December 8 , 2015
Kansas City, Missouri